KUALA LUMPUR: Ousted Nenggiri assemblyman Mohd Azizi Abu Naim has applied an originating summons at the High Court to stop the by-election in the constituency, claiming that the seat is still his.
The application has been fixed for hearing before Judicial Commissioner Roz Mawar Rozain on Thursday (June 27).
The legal action filed last Thursday also challenged his dismissal from Parti Pribumi Bersatu Malaysia (Bersatu).
Azizi named Bersatu president Tan Sri Muhyiddin Yassin, party secretary-general Datuk Seri Hamzah Zainudin, Kelantan state assembly Speaker Datuk Mohd Amar Abdullah and the Election Commission (EC) as defendants.
According to the supporting affidavit, Azizi contended that an amendment to Article 10 of the Bersatu Constitution, which said a member's membership would be terminated when the member supported a political rival, was unconstitutional.
Azizi is seeking a court declaration that the EC should not hold the by-election as the seat was still his.
He is also seeking a court declaration that his dismissal from the political party in a notice dated June 12 was not valid, the notice itself was not valid and that his dismissal was done with mala fide (in bad faith).
Amar on June 19 had declared the Nenggiri seat vacant after the Kelantan state assembly received a notice under Clause (3) of Article 31A of the Kelantan Constitution and a notice from Bersatu that Azizi had ceased to be a member.
